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Page 347

ib.

318, D.,

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FINE-continued.
is payable by the surrenderee of a particular

tenant
was not due on a recovery by tenant in tail

already admitted, if the plaint was brought
against him, or against the copyholder for

life
but would have been payable on recovery by

plaint, upon the accruer of a new title ib.
and Mr. Watkins was of opinion that a fine

would have been due on the admittance of
the tenant to the plaint, if the recovery had
been suffered in that way, sed qu.

ib.
is not due on performance of a condition by a
surrenderor, or breach of it by a surrenderee

ib.
by joint-tenants

ib., 348
by coparceners

348
by tenants in common

ib.
the cases of Garland & Jekyll, and Holloway

& Berkeley, overruling the decision in Attree
& Scuit, that the multiplication of fines and
services continued, though the undivided
shares had reunited

348, 349
as the husband need not be admitted to the

copyholds of his wife, he not subject to a
fine

349
is not payable in the case of curtesy and dower,
unless admittance be necessary

ib.
nor by the husband on the death of feme covert
termor

ib.
is due from an executor or administrator

349
and from an appointee uoder a power

349
a double fine may be saved by giving a power
of sale to executors

ib.
is no longer payable out of the estate of a
bankrupt

350
is not payable either

by the provisional or general
assignee of an insolvent debtor 350, 351
the provisions of the Insolvent Debtors' Acts

preclude any claim by the lord to a fine,
except from a purchaser on his admission

351, n.
is due from a special occupant

351
semble, that an executor or administrator, en.

titled pur autre vie under the Stat. of Wills
(1 Vict. c. 26), is a quasi special occupant,
and to be admitted and fine

ib., n.
does not accrue on a release of right 352
was not due from a disseisee on entry or re-
covery by plaint

ib.
is not due from a cestui que trust or those
claiming under him

.. ib.
nor from the heir of the mortgagor, or the
FINE-continued.

FINE-continued.
is due on the admittance of the extendor, when
copyholds are extended

Page 342
semble, that an express or implied admittance

under a writ of elegit, pursuant to 1 & 2
Vict. c. 110, will eutiile the lord to a fine

ib., n.
being due on admittance only, is not payable

by reason of the steward's acceptance of a sur-

render from an unadmitted surrenderee 342
contra, on the lord's acceptance of it .. ib.
one fine only is due where a particular estate

and remainders over are created .. ib.
the fine on admission to an estate in remainder
is usually one half

ib.
whether the rule as to two years' value would

not be relaxed, where remainder-men are
admitted by the admission of tenant for life,
and the lord be compelled to apportion the
fine

ib., n.
the case of Barnes & Corke

342
one fine only is due when the particular tenant

and remainder-man join in a surrender 343
may be assessed on the particular tenant, or
apportioned

ib.
but the remaindar-man is not compelled to pay

his portion till the death of the particular
tenant

ib.
when the remainder-man is subject to a full

fine, it is not payable till the death of the
particular tenant

ib.
very clear evidence is requisite to establish the
lord's right to a fine from a remainder. man,

ib.
the case of The Dean and Chapter of Ely v.
Caldecot

344
confirmation of the rule that, except by special

custom, a remainder-man is not liable to a
fine on the death of tenant for life, and
recognition of the validity of such a custom

346
a person entitled to a rent charge is not contri-
butory

343, n.
whether a fine paid by tenant for life would be

a lien on the lands, on the principle of re-
newal fines for leases

ib.
whether the remission of the fine on admittance

of the particular tenant discharges the re-
mainder-man

ib.
whether the lord may not make separate assess-
ments

ib.
should be taken of the settlor on his re-admis-

sion to a less estate than the fee 346
but would be due only in case the settlor
claimed to be admitted

ib.
is not due in respect of the reversion, on the

determination of a particular estate, whether
or not the whole interest be parted with by
the surrender

ib.
as a surrenderor would under a surrender to

uses take by purchase (since 3 & 4 Will. 4,
c. 106), a fine would be payable by him, if,
by special custom the admission of a remain.

der-man could be compelled ib., n.
is payable by the heir or surrenderee of a re-
versioner or remainder-man

347
the heir or his surrenderee could not compel

the enrolment of a surrender of his rever-
sionary interest without payment of the
descent fine

ib.

assignee or devisee of an equity of redemp-

tion, if the mortgagee be admitted ib.
nor from the mortgagee, upon a release of the
equity of redemption

ib.
but it is to be paid on admittance of a trustee

or mortgagee, or his heirs or devisees .. ib.
and the trustee may reimburse himself the fine

and fees out of the profits of the estate, ib., n.
it is to be assessed by the lord, except by
special custom

352
must be assessed severally on admittances to

distinct copybolds, whether the admissions
be contained in one or several copies .. ib.
admittance of the heir under a surrender to

uses would be a severance from lands left to

descend to him, so as to occasion separate
fines and fees

.. Page 353, n.
the lord may bring an action for the aggregate

amount of several fines, with one count only,
and if defendant relies on an excess in one
particular fine, be should plead the general
issue as to that assessment, and pay the

amount of the other fines into court.. 353
it cannot be made payable out of the manor, ib.
demand of it is sufficient, without entry on the
rolls

ib.
when an entry is made of it, the sum must ap.

pear to be a legal fine, without regard to any
remission from favour

ib.
when certain, the tenant must be prepared to

FINE--continued.
limited to six years Page 82, n., 89, D.,

356
is no charge on the land

356
the lord need not identify the lands, as in aa
action of debt for quit rents

ib.
the uncertainty or arbitrary character of a fine

negatives a tenant right of renewal 357, &c.
See FORFEITURE; MANDAMUS.

FISHERIES. See FREE FISHERY.

pay it

ib.

FLOTSAM MARIS. See WRECK.
FOLC-GEMOT (or FOLCKMOT E, or

BURGEMOTE). See LEET..673, n., 675
FOREIGN COURT; judgment in a court not

of record, or foreign court, is conclusive be.
tween the parties, though the jurisdiction
might be controverted

489, A.
FORESTS; the several courts, and notes of

reference to the forest laws .. 660 and notes
See FREE CHASE.

354

but the lord cannot refuse admittance because

it is not tendered, even if certain ib., 354
and when uncertain, he must fix a day and
place for payment of it

354
in some manors it is not paid till the succeeding
court, or some fixed period

ib.
whether in that case the lord may refuse to

take a surrender, or to admit under a sur-
render taken by tenants or the bailiff, until
payment of the fine

ib.
a custom not to pay till of full age is good; so

for the lord to seize till payment ib.
refusal to pay an unreasonable fine is not a
cause of forfeiture

ib.
reference to the grounds of the decisions in
Barnes & Corke, and Wheeler & Honour

ib., n.
whether it must be tendered to save the for-

feiture
denial to pay a fine manifestly reasonable is a
forfeiture

FORFEITURE; copybolds may be forfeited,
even after severance

ib.
a personal demand by the lord or steward is

necessary, but the steward need not have an

express authority in writing .. 354, 355
the demand must be of the specific sum ..355
when too much is demanded the lord may re-
assess the fine, and make his demand de

ib,
reasonableness is a question for the court and

jury (i. e. for the jury, assisted by the court

as to settled rules of evidence) 26, 337, 355
the rent payable under a lease is not conclusive
evidence of annual value

355
the case of Lord Verulam & Howard
semble, that the annual value means the fair

average value for the whole period over which
the fine extends

ib., n.
not necessary for the lord to aver the reason.

ableness, but the contrary is to be shown by
the copyholder

355
no relief in equity by a single copyholder
against an unreasonable fine

ib.
but a bill will lie to settle a general fine ib., 356
is recoverable in debt or assumpsit, except on
admittance of infants, &c., under 1 Will. 4,

338, n., 356
therefore a demurrer allowed to a bill in equity

356, 357
an action for fine on admittance was not within

the statute of limitation of 21 Jac.; but pay-
ment would have been presumed after a
lapse of several years

356 & 1.
by statute 3 & 4 Will. 4, c. 42, the action is

novo

13
it is only in a plain case that the lord can enter

for a forfeiture, so that it is saved if a fine
assessed be unreasonable

354, D.
a surrenderee has no interest to forfeit before

admittance (Roe & Hicks) .. 140, 406, A.
whether a surrenderor would not be answerable

for waste committed by surrenderee in pos-
session

442, 443, n.
but the lord may take advantage of an act of

forfeiture by the surrenderor, and is not com-
pellable by mandamus to admit the sur-

renderee after the act of forfeiture .. 406, a.
the case of The King v. Dame Jane St. John
Mildmay (lady of the manor of Marwell)

406 to 408
whether the lord would not be bound in equity

by an inrolment of a previous conditional
surrender

447, 448, n.
an heir may forfeit before admittance .. 140
the lord not compellable to accept a surrender

framed to defeat his right of entry for a for-
feiture

405
a copyhold would have been forfeited by a
feoffment with livery

434
but not without livery

437, D., 446
whether a letter of attorney to make livery

would have created a distinction 446
a copyhold was forfeited by levying a fine on a
disseisin

434, 435
whether by a fine without a disseisin

435
is forfeited by granting a lease beyond the
term of a year without licence, except by

436, 456, 457
even if it be to commence in futuro 436
or by parol

ib.
and though the lessee do not enter

ib.
a lease without licence, to commence in futuro,

even by parol and without entry, is a for-
feiture, as it would be good between the par.

ties, and sustain an ejectment 436, 460
semble therefore, that a lease by a copyholder in

fee exceeding the term of the licence would
be an immediate forfeiture

ib.

ib.

custom

c. 65

a copyholds are forfeited by outlawry, but only

FORFEITURE-Continued.
no distinction between an ordinary lease, and a
term created by way of security, &c.

Page 436
equity will not relieve against a forfeiture by a

lease not warranted by the custom ib.
and a few instances of leases, even forty years

back, will not establish a custom ib., n.
a lease not binding on the parties is not a cause
of forfeiture

436
an exception of the last day in each year, or
other such device, will not save the forfeiture

437
a lease must have a certain beginning and end,

or it will be void, and not operate as a for-
feiture

ib.
a covenant will not amount to a lease to create
a forfeiture, (several examples]

ib.
if the licence of the lord be made a condition of
the lease, it is no demise

438
no forfeiture if the agreement is executory only

438, 439
authorities as to the ground of distinction

between an agreement which passes a present

interest, and which is executory only, 438, n.
the reversion may be forfeited, but it will not

affect a lease granted with licence 439
treason and felony are causes of forfeiture, on

the attainder, (whether held in fee or for
life,) but not without attainder, except by
custom

439, 440, 633, n.
no forfeiture on conviction, except by special

custom, but only on attainder 440, n.
the offence must be capital

ib.
confirmation of the rule that an estate in free-

holds is not divested by attainder, until
office found

ib.
by 3rd section of 4 & 5 Will. 4, c. 23, a for:
feiture does not accrue by the attainder of a
trustee or mortgagee

447, 0.
ejectment is maintainable on the demise of a
person attainted of selony

440, n.
the forfeiture is to the lord 440, 633, n.
but not so as to divest the copyhold interest
until the lord enters (Doe & Evans) 439,

440, 441
in soine manors no corruption of blood 440
reference to the act doing away with corruption

of blood, except in treason and murder, but
which does not appear to extend to copy-
holds

ib., n.
pardon after attainder is not a dispensation

440
by what acts of the lord on forfeiture the copy-
hold interest will be divested

441
has relation to the act, though advantage of it
can not be taken until attainder

ib.
but an assignment of personalty for a valuable

consideration, at any time before conviction,
is good

ib.
is purged by acquittal, when there is a custom

to seize before conviction is recorded
whether it is purged by allowance of clergy

441, 442
case of a forfeiture by the heir, where the
mother was admitted to freebench

441, n.
a distinction when the heir, who commits trea-

or felony in the ancestor's lifetime,
afterwards dies leaving issue inheritable, and
when he dies without issue

ib.

FORFEITURE--continued.

summons

439, n.

as it should seem for a capital crime

Page 442
whether presentment is necessary to entitle the

lord to the profits of copyholds on outlawry
or excommunication

ib., n.
whether the king shall have the profits on out-
lawry in a personal action

ib.
by waste, voluntary and permissive 442
equity will not relieve against wilful waste, (ex-
cept, under special circumstances, for felling
timber,) nor against a forfeiture by leasing
without licence

443, n.
distinction between the one description of waste
and the other

443, &c.
the lord's right to re-enter is the more favoured,

as no action of waste lies for him 444
by neglecting to attend a court after a personal

ib.
but illness or imprisonment, or fear of arrest, is
a good excuse

ib., n., 445, n.
by refusing to be sworn, or to present 444
by disclaiming the lord

ib,
by refusing to pay a certain or reasonable fine

ib.
by wilfully refusing to pay the customary rent
if demanded

ib.
by wilfully withholding services 444, 445
by suing a replevin on the lord's lawful distress
for rent or services

445
by inclosing where no inclosure was before, if
prejudicial; or by removing an ancient in-
closure or land mark

ib.
by forging a custumary to the lord's injury ib.
whether a recovery in the lord's court by a

copyholder for life, as being seized of the in-

heritance, was a forfeiture
the lord can only seize quousque, on neglect
to take admittance, except by custom 341,

445
such a custom would not affect persons under
disability

24, 288, 289, 445
infants, &c., are protected against forfeiture for
non-admittance by 1 Will. 4, c. 65 289,

445, 446
is confined to the interest of the offender 446
by one joint-tenant will not affect his com-
panions

ib.
the forfeiture of one tenement does not extend

to others beld under the same copy, but
originally held separately

ib.
but a forfeiture of part extends to the whole of

the tenements originally held under the same
copy

ib., n.
whether there is

any distinction as to waste, ib.
a release or bargain and sale enrolled will not
create a forfeiture

14, 446
nor a surrender in fee by copyholder for life

447
nor waste by a disseisor

ib.
or by cestui

ib.
or a guardian (but the guardianship would be
forfeited)

ib.
or a stranger without assent of the copyholder ib.
or even with assent (if a feme covert) ib.
the tenancy of the customary heir before admit-
tance embraces forfeiture

447, n.
equity would relieve, if the copyholder were
not privy to the act

ib.

ib.

que trust

son

ib.

FORFEITURE-continued.
waste by a copyholder is a forfeiture in all
cases, unless occasioned by the act of God

Page 447
waste by a person admitted wrongfully, and to

whom the right is afterwards released, is
also a forfeiture

ib.
by a wife with her husband's consent is a for.

feiture

448
a forfeiture is by the act of the lord's tenant,

and therefore of a trustee, and not the cestui
que trust, who had no equity against the lord

447
by sect. 3 of 4 & 5 Vict. c. 23, a forfeiture
does not accrue by the attainder of a trustee
or mortgagee

447, n.
a surrenderor continues tenant until admittance
of the surrenderee, and is regarded as a trustee

447
the case of The King v. Lady Jane St. John
Mildmay

406, n., 448, n.

as the surrenderor continues tenant, no for-

feiture accrues by the attainder of an unad.
mitted surrenderee or devisee

448
the copyhold of a feme covert is forfeited on at-

tainder of treason or felony
but as a general principle, neither femes covert,

nor infants under fourteen, nor idiots, por
lunatics, can forfeit copyholds

ib.
what acts of an infant above fourteen years

will be a forfeiture, and what will not ib.
whether the lord may enter as for a forfeiture

on a lease being granted by an infant; and
the effect of an infant's acceptance of rent,

or disagreeing to the lease at full age, ib. & n.
when and to what extent the wife's copyhold shall

be forfeited by the act of the husband, 449
semble, that neither a lease without licence nor

waste tend to the disherison, but that they
are causes of forfeiture, at the election of the
lord

449, n.
an act of forfeiture by a lessee for years will

forfeit the term only, and not the copyhold
interest

449
upon entry for forfeiture, the lord is entitled to
emblements as against the copyholder, but
not against his lessee, except the lease itself
be the cause of forfeiture

ib.
what acts of forfeiture, according to the opinion

of some text writers, must be presented, and
what need not be

449, &c.
presentment, though not essential, is advisable

ib.
and when the forfeiture is not by an act in

court, it is the duty of the homage to present
it for the lord's information

451
neither presentment nor seizure need be proved

452
but the act of forfeiture is to be established by
clear evidence

ib.
whether, as the seizure need not be proved,

a suit to set out boundaries may not often be

dispensed with by bringing ejectment ib., n.
the lord and not the remainder-man is to have

the advantage of a forfeiture by tenant for
life, except the lord has assented to a surren-
der, giving the remainder-man the advantage
of the forfeiture

452
for waste by tenant for life the lord may enter,

though there be a grant in remainder ex-
pectant on death or forfeiture ib., & n.

FORFEITURE-continued.
the lord pro tempore may take advantage of a

forfeiture, but the entry must be within
twenty years

Page 452, 453
so may the feoffee of a single copyhold, or his
lessee

453
the title of the lord by whom the husband was

admitted cannot be disputed by the widow
holding by customary freebench, and who

has committed an act of forfeiture ib.
distinction between forfeitures causing a dis-

herison, and forfeitures at the election of the
lord, with reference to the right of entry by
the lord in remainder (Doe & Hellier and
Doe & Trueman)

ib., 454
and to the right of entry by the heir, whose an.

cestor did not take advantage of an act of
forfeiture

454
whether the lord in remainder may not take

advantage of forfeiture for waste .. 453, n.
a right of entry for a forfeiture was not devisable,

contra as to a title of entry for compelling
admittance (Doe & Trueman): but now see
I Vict. c. 26, s. 3

454
a right of entry may be disposed of by deed

(vide 8 & 9 Vict. c. 106, s. 6).. App. 1129
if the ancestor enter, the heir may maintain
ejeciment

454
whether the acceptance of heriot service would

be a dispensation with the forfeiture, ib. & n.
the succeeding bishop (lord of a manor) may

take advantage of a forfeiture happening
during the vacancy of the see

454
but a grantee or lessee of a manor cannot take

advantage of a forfeiture happening previous
to his grant or lease, as a right of entry or
action cannot be transferred

454, 455
cannot be divided; therefore if coparceners are

not agreed, or if one die, no advantage can
be taken of a forfeiture

454, ..
semble that the king, and not the lord, is to

have the advantage of a purchase made of
copyholds by an alien

455
observations on the king's prerogative right

, ib.
on a purchase in the name of a trustee, without

the privity of the lord, whether the king is

entitled only to the benefit of the trust .. ib.
the case of the King & Holland
whether if the lord admitted an alien in igno-

rance of the incapacity, equity would give

the lord the benefit of his fines, &c... 455, n.
by what acts, besides licences, forfeitures may

be dispensed with..
acts of dispensation by the lord pro tempore are
binding on the remainder-man or reversioner

ib.
but not to give effect to a common law interest

ib.
nor can acts of the copyholder which tend to

disherison be dispensed with by the lord pro

tempore ..
a disseisor cannot dispense with a forfeiture, ib.
the forfeiture must be known to the lord .. ib.
semble, that an admittance, after incontinency,

of a widow entitled to freebench during

chaste viduity, is an exception .. ib., D,
the lord shall be presumed to have notice of

failure of suit of court, non-payment of rent,

&c.
whether forfeiture by attainder of treason or
felony can be dispensed with

iba

456

.. 401

462

.. 462

..

FORFEITURE--continued.
when a court of equity will and will not relieve
against a forfeiture. . Page 435, n., 436, 462,

463
See COURTS OF EQUITY ; EscHEAT (as applica-

ble to freeholds) ; LICENCES AND OTHER Dis-
PENSATIONS; PRESENTMENT OF SURRENDER ;

STONES; WASTE.
FORMEDON. See CUSTOMARY PLAINTS, 483.

.. ib.

FRANCHISES; in the absence of a special

provision in the grant, all writs should be

returned in the name of the principal, 704, n.
See Court BARON (s. 7.)
FRANKALMOIGN, tenure of 567, 611, n.
FRANKPLEDGE, view of. See LEET.
FRAUDS, STATUTE OF. See LEASF.

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.. 76

232

FREEBENCH-continued.
whether in the case of a lease for years the

wife is to be endowed of a proportion of the
rent

Page 74
is destroyed by unity of the freehold ib.
exceptive cases

74, 75
but is good against the lord by escheat, or his
grantee ..

75
and against a disseisor

ib,
the widow is compellable to give effect to the

husband's covenant to surrender copyholds
as an additional security

ib.
dying seized not essential in gavelkind lands,

ib.
wife was not dowable of a trust
nor is the wife of a trustee dowable

ib.
whether the widow of a trustee, when the ces.

tui que trust dies without an heir, is a trustee
for the lord

ib.
may be claimed by the widow of a purchaser,

who dies before admittance or presentment
of the surrender

75, 76
and by the widow of the heir who dies before
admittance

76, 291
and by the widow of the heir for the residue of

the lands, when the ancestor's widow is al-

ready endowed
is not prevented by divorce a mensá et thoro, ib.
is barred in equity by a jointure before marriage

in lieu of dower and thirds out of lands of
freehold or inheritance

ib.
an infant is bound by a legal jointure, but not
by a jointure of copyholds

ib.
an infant's right to waive a jointure is not de-
pendent upon the competency of the provi-

ib,
held in one case to be barred, though the wife

was an infant, and not made a party to the
articles

ib., n.
is barred by a devise in satisfaction of dower or

thirds, so at least as to put the widow to an
election

.. 76
cannot be claimed if the purchaser neglect to

take a surrender, or when the surrender is
void

.. ib.
the incidental qualities of dower attach 10 free-

bench, and the wife may recover damages by
the statute of Merton

76, 77
how damages are recoverable by that statute, 77
by s. 41 of 3 & 4 Will. 4, c. 27, arrears of dower
are not recoverable for a longer period than

77, n.
distinction as to emblements when the wife or
her lessee sows the land ..

76, n.
entitles the widow to sit on the homage, but
not to try issues

77, 364, and n.
is a continuation of the husband's estate, or at

least it is sufficient if the widow challenge
her admittance

77
but the rule does not extend to gavelkind lands,

nor to mapors where the widow takes a por-
tion only of the land

ib.
the widow of a copyholder cannot dispute the

title of the lord who admitted the husband, ib.
when the widow's entry is necessary, there must
be an assignment by the heir

ib.
the necessity in some cases of seeing that there

is a good title to lands charged with a
jointure in bar of freebench

78, 79
how the widow of a copyholder may enforce her

X X

sion

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FRAUDULENT CONVEYANCES, &c.; co-
pyholds are within 27 Eliz. c. 4.. 83 & n.,

202, n.
reference to the case of Doe & Bottriell, ib., n.,

202, nQ, App. 911, n.
fraud (or gross negligence implying fraudulent

intention) or notice, requisite lo postpone a

party who obtains the legal estate
FREEBENCH; is only by custom, which there-

fore governs the quantity and duration of
estate

46, 72
where gavelkind tenure prevails, the wife takes
a moiety for her widowhood ..

72
when confined to chaste viduity, instances of
forfeiture need not be shown

ib.
the term viduity may be explained to mean
chaste viduity

.. ib.
semble that the lord is bound by admittance

after incontinency, although he had no notice
of the act

ib.
peculiar customs as to restoration of land for.
feited by incontinency

ib., n.
is of copyholds for lives by the custom of some

72
a wife may be bound by custom to claim within
a year and a day

ib.
is only when the husband dies seized 72,73
excepi by custom

73
the case of Riddell & Jenner as to the custom
of the manor of Cheltenham ..

78
will therefore be defeated by the husband's

surrender, even if the admittance be after his
death

73
and by his surrender to will, and admittance
of his devisees in trust

ih.
and by admittance of a bargainee of commis-

manors

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six years

..

sioners of bankrupt, even if the wise obtain
admittance first

ib.
and by the admittance of a mortgagce

74
and even by a contract for sale..

ib.
and by the forfeiture of the husband, but not

as against the heir of the lord in some cases,
sometimes by custom the second wife takes less

than the first, and the third less than the
second

72, n.
is subject to a lease with licence, except by
custom

74
YOL. II.

ib,

..

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